RTI for Illegal Construction Complaint Status

Use this guide if (a) you complained about an unauthorised structure, encroachment, illegal commercial use or violation of FAR, and nothing has happened; (b) a show-cause was issued but no order followed; © a demolition order was passed but not executed; (d) you want the bye-law clause under which a structure is being permitted; (e) the corporation says “matter sub judice” without giving the case reference.

• Constitution, 74th Amendment and Twelfth Schedule, urban planning and regulation of land use.
• State Town and Country Planning Acts and Building Bye-Laws / Master Plans.
• State Municipal Corporation Acts with sections on unauthorised construction, eg Delhi Municipal Corporation Act 1957 Sections 343-345.
• Real Estate (Regulation and Development) Act 2016, for promoter-side breach.
• RTI Act 2005, Sections 6 and 7(1).
• Environment (Protection) Act 1986 for ecologically sensitive areas.

The Supreme Court in Esha Ekta Apartments v Municipal Corporation, Mumbai (2013), Friends Colony Development Committee v State of Orissa (2004) and several other rulings has held that unauthorised construction is illegal per se and citizens have an enforceable interest in disclosure of enforcement records.

1. Identify the right PIO. Municipal Corporation Engineer (Enforcement) or the Development Authority's Vigilance / Enforcement Cell; for environmentally sensitive zones, also the State Pollution Control Board.
2. Pin the complaint. Complaint number, date of filing, address of the structure, ward number, plot reference if known.
3. Use proactive disclosure. Many corporations publish a list of unauthorised constructions and demolition orders under Section 4(1)(b). Quote the URL.
4. Draft the RTI asking for the complaint registration entry, inspection report, show-cause notice, hearing minutes, order, present file location and SOP.
5. Pay ₹10 fee through online RTI or IPO.
6. Wait 30 days then escalate.

To,
The Public Information Officer,
Office of the [Municipal Commissioner / Development Authority Commissioner / Town Planning Department], [City]
[Full address]

Subject: RTI under Section 6 regarding complaint dated [DD/MM/YYYY] against unauthorised construction at [Address], Ward [No.], Plot [No.]

Sir / Madam,

I, [Full name], a citizen of India, resident of [Address], request the following under the RTI Act 2005. Fee of Rs. 10 paid online / by IPO.

In respect of complaint dated [DD/MM/YYYY], complaint number [if assigned], regarding unauthorised construction / change of use at [exact address, ward number, plot number, latitude / longitude if known]:

1. Date and entry number of registration of the complaint in your office.
2. Date of inspection by the Junior Engineer / Assistant Engineer; copy of the inspection report.
3. FAR / coverage / setback breach found, with reference to the Building Bye-Laws and Master Plan.
4. Show-cause notice issued under Section [number] of the [state Act], with date and proof of service.
5. Hearing minutes, including representation made by the owner.
6. Order passed (regularisation / fine / demolition), with date and signatory.
7. Date of demolition / sealing, if executed; reasons recorded if not executed.
8. Status of any litigation, including writ petition / appeal number, court and stay order.
9. Present location of the file and the present custodian.
10. Standard Operating Procedure for unauthorised construction enforcement in 2026.

I invoke Section 10 (severability), personal data of the complainant or owner may be redacted, but the procedural records must be supplied. I undertake to pay further fee under Section 7(3).

Yours faithfully,
[Signature, name, date]

• Filing without complaint number. Always carry the receipt of the complaint when you file the RTI.
• Asking for demolition. PIO cannot demolish. Ask for records, then pursue the Commissioner / Town Planning Department for action.
• Mixing private property dispute with public enforcement. RTI can give you the public records; private title disputes go to civil court.
• Forgetting environment. In ecologically sensitive zones (forest, coastal, eco-sensitive), file a parallel RTI to the State Pollution Control Board and the Forest Department.
• Court “sub judice” excuse. PIO can withhold only what Section 8 actually exempts; ask for the case number so you can verify the stay scope.

• No reply in 30 days → First Appeal under Section 19(1).
• Departmental → Vigilance complaint with the corporation; State Town and Country Planning Department.
• NGT for environment violations.
• Writ in High Court for prolonged inaction; many High Courts have ordered time-bound demolition where corporations have refused to act.

Most corporations target 30 to 90 days from complaint to order. Demolition itself depends on hearing and appeal cycles. Beyond six months without action is a delay you can litigate.

Only if there is a stay specifically barring disclosure. Otherwise, the records up to the date of stay are disclosable. Ask for the case number to verify.

That is encroachment. RTI to the land-owning department (Revenue, Forest, Railway, NHAI) plus the corporation.

Regularisation is only valid where the state Act expressly permits, with conditions and fee. Ask for the regularisation order and the basis if granted.

Yes, Section 10 allows redaction of complainant identity for safety; but the procedural records must be supplied.

That is “change of use” and is regulated by the Master Plan. Same RTI route applies.

Yes, RERA register is public; for individual project files RTI to the State RERA.

• Ministry of Housing and Urban Affairs: mohua.gov.in
• Town and Country Planning Organisation: tcpo.gov.in
• State Real Estate Regulatory Authority: refer to your state RERA portal
• National Green Tribunal: greentribunal.gov.in
• RTI Online: rtionline.gov.in

Last reviewed: 9 May 2026.

• AI RTI Drafter
• Guide hub
• How to file an RTI application
• RTI for municipal works
• RTI vs complaint
• RTI for land mutation delay
• First Appeal procedure